14 Dec 2023
Because the applicant's judicial review application was struck out the respondent was the successful party; the applicant provided no affidavit evidence to substantiate impecuniosity; costs ordinarily follow the event and the applicant's conduct increased costs, therefore the court awarded the respondent scale costs and disbursements as claimed.
28 Nov 2023
Costs awarded to Oranga Tamariki on a category 2B basis because the appeal was largely without merit; the appellant's claimed impecuniosity did not preclude an award; absence of security for costs and a filing fee waiver were not determinative; claimed disbursements including accommodation were appropriate; costs fixed at $18,454.
4 Jul 2023
Waiver of security was declined because, although the appellant may be impecunious, the appeal is not one that a solvent appellant would reasonably pursue and there is no public interest justification; exceptional circumstances for waiver are absent, so security was fixed at NZD 4,000 and must be paid within 10 working days or the appeal is deemed abandoned.
29 Jun 2023
Costs on a 2B scale awarded to the Attorney-General because the defendant was wholly successful on the strike out application except for one surviving remand-treatment claim; the plaintiff disregarded an earlier direction and repleaded previously struck claims causing unnecessary additional hearing; impecuniosity and pro bono assistance did not justify departing from the ordinary rule that costs follow the event.
26 Jun 2023
Application to dispense with security for costs dismissed. Although the appellant is impecunious, she failed to demonstrate exceptional circumstances or an arguable appeal; the appellant's prolonged delays and abusive litigation conduct have caused disproportionate costs to the respondent, justifying a security order of $1,195 to protect the respondent.
22 Jun 2023
The Court ordered security for costs because on the evidence the plaintiff is impecunious, his impecuniosity was not shown to result from the defendants' conduct, the proceedings and the summary judgment application have little merit or prospect of success, and on balance it was just to require security; quantum set at $8,000 per defendant for the summary judgment stage and $35,000 total for the first defendant to be paid in tranches ($8,000 immediate, $8,000 following summary judgment if unsuccessful, $19,000 on setting down for trial).
20 Apr 2023
Because the claims against Kannemeyer and MBIE were struck out they were successful and entitled to costs; the plaintiff provided no affidavit evidence of impecuniosity and absent exceptional circumstances the court will not decline or arbitrarily reduce costs, so scale 2B costs as claimed are awarded.
28 Feb 2023
Leave to appeal was declined because the applicant failed to particularise any arguable error in the primary judgment as required by Greendrake, such that the court could not assess public importance, interests of justice or delay; accordingly leave was not justified.
14 Feb 2023
The Deputy Registrar's decision to refuse dispensation from security for costs was correct because the appellant did not claim impecuniosity, the appeal did not raise public importance, it was likely to turn on its own facts, and the appellant's contested claim of set-off could not justify dispensing with security for costs.
27 Jun 2022
Leave to appeal was refused because the applicant failed to identify any seriously arguable error of law or fact in the Judge's exercise of discretion over the quantum of security for costs; the applicant had effectively conceded security was appropriate; the merits could not be properly investigated at interlocutory stage; and the interests of justice did not justify granting leave.